New Delhi: The Bharatiya Nyaya Sanhita (BNS) Bill, 2023, introduced in the Parliament on Friday, covers crimes against women and children including, for the first time, a provision to punish a person marrying a woman by concealing his identity, or having intercourse under a false promise of marriage, promotion and employment, gang-rape, rape of minors, stalking, and voyeurism.
Union Home Minister Amit Shah introduced the BNS Bill, to replace the Indian Penal Code (IPC) of 1860, in Lok Sabha on Friday. Shah said a special focus has been given to provisions related to crimes against women. The offence of raping a minor under 16 years of age will attract a punishment of rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
The new bill, which will now be examined by a Standing Committee, also proposes 10-year punishment for marrying a woman by concealing identity or having intercourse under the false promise of marriage, promotion and employment. These offences have been included for the first time. The courts have dealt with cases -- women claiming rape on the basis of breach of promise of marriage – but there is no specific provision for this in the IPC.
The bill says, “Whoever, by deceitful means or making by a promise to marry to a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine”.
The explanation says “deceitful means” shall include the false promise of employment or promotion, inducement or marrying after suppressing identity. The offence of raping a girl under 12 years will also attract rigorous imprisonment for a term which shall not be less than 20 years, which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.
According to the bill, if a woman dies after the rape or it causes the woman to be in a persistent vegetative state, the convict shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life or with death.
If a police officer or public servant or member of the armed forces commits rape, he can be punished with rigorous imprisonment for 10 years, which may extend to imprisonment for life. In gang rape cases, the bill says, each of those persons who have committed the offence of rape will be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life.
On the aspect of voyeurism, the bill says, “whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years…..”.
In case of stalking, the accused may face imprisonment for three years. The bill says, “Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine”.
